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Developments in Tax Law: Residency of Trusts



by Alexandra L. Manthorpe
Houser Henry & Syron LLP - Toronto Office

Roger W. Nainby
Houser Henry & Syron LLP - Toronto Office

June 1, 2012

Previously published on May 2012

On April 12, 2012, the Supreme Court of Canada released its much anticipated decision in "Fundy Settlement v. Canada" (also known as the "Garron Family Trust" appeals). The Fundy Settlement case dealt with residency of a trust for Canadian tax purposes. The court decision confirmed that, as with corporations, the residency of a trust should be determined by where the “central management and control” of the trust actually takes place.


 

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